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tv   [untitled]    May 15, 2013 3:30am-4:01am PDT

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they use. that needs to be set. >> we don't control those. >> i get you. >> all right. >> i remember this permit coming up early, similar party, right in october, of last year. >> yes. >> was there any complaints that came from that party? >> no. >> did we kind of limit the types of equipment that you could use? >> yes, we are using... sorry. >> could i speak on that? >> okay. >> i'm noel daniels with second sunday prodaoutions, vag came in on october and i think that was the discussion ta we had, i think a week prior and the beginning of october. and he came in, and did the sound check, and right before we opened the doors at noon. and in which he went to 601 minnesota, and he could not hear the sound over there. and he went to 701 minnesota and he went the opposite direction and according to him the sound checked out good. and we did not have any sound complaints that day.
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and i checked back, that week, that following week with joslin and we did not have any sound complaints and we also had a limiter that he set and he taped it and we made sure that it was taped the entire time. so with the diagram that i presented right now was the same set up as to what we did in october of last year and that is what we are proposing for this summer. >> i think that, you know, there are obviously problems with the venue and i am a little surprised because i feel like you are giving us the same speel in october about trying to sound proof your venue. if we did the right and if there were not any complaints and we did the right limitations on your sound at that time, i feel comfortable kind of continuing that same set up. i think that is separate from the issues that you have that could shut your party down altogether. >> right. >> right. >> and what you are focusing on
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correct me if i am wrong commissioner tan. you want to focus on these outdoor permits solely and not on their club. >> right. >> i mean, there is a lot of cre dense to what you are saying and definitely i hope that for whatever reason you are still trying to go back to the venue that is problematic. but, the party itself, i think that it has been well run. and you know, we can only guess whether there is any complaints that day or not. and i think that we are trying to put the right measures in place so that those complaints don't happen. >> why don't you take a seat. >> yeah. >> so that we can talk about
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this. >> come on up. and nice to see you. >> good afternoon, good evening. >> i am lieutenant lauren knight representing captain sullivan and the bay view station. and is this working okay? >> captain sullivan has asked that this permit be denied, both of these, and for the following reasons, and commissioner hyde has pointed out some of them. out reach, has been less than aggressive. can i say, and i appreciate that they did some, but they should have done more. and they had plenty of opportunity to do that. one of the things that is there are 11 news complaints since february and there have been 25 and just noise complaints in
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the last 6 months and 69 runs means calls for service to that address. in the last six months. so, scratch just the noise complaints but all of the complaints and it is specific to that address. also, they have been cited by the entertainment commission, on the third of april, as well as the 8th of april. and on the 8th they were cited for a good neighbor policy and a news complaint and also, a permit violation. and on the third it was noise. we believe that they could have done more out reach. and maybe resolved this problem. and i think that they had ample opportunity to do that. there are complaints from october, i'm not exact on the dates that they had their events, but there were plenty of complaints in the month of october. so i think that they did reach out to the merchants
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association which is great and it is always great to have their buy in as well. but they should have gone and attended a neighborhood association meeting or two. a lot of people go to the boosters meeting which is up on the hill but they are from the lower area there as well as the dog patch association meeting. they also have a sf safe neighborhood association meeting on minnesota street that they could have attended and these are things that in the future if they need that information, we would be happy to provide that to them. but they just need to let us know. but we would respectfully request that, you deny both of these requests for permits here. >> okay. questions for the police? >> okay, thank you so very much. >> i am opening the floor to public comment. and the speaker permit for sunset sound and the club
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cocomo. for may 26th, and memorial day on sunday and september first on labor day on sunday. is there public comment? >> seeing none, public comment is closed. so commissioners? i want to focus you on these loud speaker permits because that is what we are here to discuss. i mean, maybe at another point we will be bringing them before us, the this club before for us their noise violations. so, it has... that is what i want you to focus on. >> i think that the 2 to 8, we can set their time and we can set their db. it is... >> i want to ask, staff do you have the recommendations that were put through because i do believe that the way that we handled it, the outdoor permits were actually we don't have that available. >> sorry commissioners, i did
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not bring those, but they are easy enough to access and i go back to the office. so if you want to refer to them, we can... >> i think that they were successful. so if we... >> sorry? >> do you want to continue this to our next meeting? >> no. i don't think that is necessary. because i do, they are not long gone. they are fairly recent and they are easy to find. again if you want to refer to those and they are respective of the sound tests in advance. and i don't know if you set the dbs per se. >> i do need to be, i need you to direct staff, not just with respect to these and the conditions. but also for anything other than coming forward as that was brought up in some testimony that there will be additional loud speaker permits coming. and it is necessary because
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the conversation that we have had here i would like the direction as to what we can do administratively. and then, if you would like in the future to bring back the venue on a separate evening, then, also, give us that instruction about when. >> that is what i was absolutely going on in my head. i think that the restrictions that were placed on them were successful. and if we could somehow enforce those, again, on these permits, exactly, and then i would like club cocomo to come back and talk to us about their ongoing problems, and the fact that they have not mitigated them with the neighbors. >> okay. >> so that you think that they should go to the additional out reach? >> i think that we should grant
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these permits with the same things that we did before. but i think that i do think that in the next couple of weeks the next what, i don't know, like a month or give them a month. and then have them come back and i would like to see some good faith out reach. and some serious reflection on their problems. and if they are going to come to us, for more permits then i think that that month should show how they are going to behave and we should have a chance to talk to them again. >> so are you saying that when they come back, that it is a possibility that we recondition their permit? >> that is what he is saying. >> yes. >> i would like to make some comments too, about the out reach. and i think that you guys, you have mentioned that you have seen this club before and numerous times and so i think
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that one of the things that i am going to give as a perspective as someone who is just coming in. i don't necessarily agree that they have not done community out reach. from my perspective right now, i think that we have talked about this as a problem, what is community out reach. and people have different ideas and i just on the nikko lounge gave her response was a very clear example of how people applying for these permits are not really clearly giving directives about what we are asking from them. why what is the intention what is the out come. >> my concern is that you may be dealing with a couple of hard cases who are adamant and against your club. and i am not sure that the complaints can really make distinctions between a large set of people who are complaining verses a few. who are complaining a lot.
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it could be that out reach will not be the solution for you, it could be medation and it could be that these people have no intention of seeing you successful. >> let me just finish. sorry. the idea that you have that you held your own meetings and you invited people to attend, and that was not as successful. some people may not feel comfortable if they are having problems with you going to an event where you are the facilitators and therefore it is a good idea the recommendation that you go to a community. a group or neutral to some people who have problems. and they feel a little bit more comfortable complaining in that safe, space. so, however, if we have a community group that is only meeting every other month, we might want to think about if we are asking to come back in a month if that gives them enough opportunity to go to those
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particular settings. >> there is a meeting next tuesday. >> so, i just want to address that. and i guess that one of the reasons that i am making the comments that i am, and the suggestions that i am, is that this is not like their first time at the rodeo and this is not the first time that they have had these complaints, they have had complaint after complaint after complaint after complaint. and to me, what that shows is that if i was that owner, i would have to be extra vigilant and go and extra mile to make sure that my future and my business is secure and what i see here before me is that since last october, the exact opposite has happened. and that is why i made those suggestions. >> yeah, and i think that is what i have seen from their presentation, is that there was a learning curve, that did not necessarily meet our expectations. and i think that part of the
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problem is that we have to own, as a commission, that we don't have a really clear guidances for the people applying for these permits on what are best practices in community informing is more what we are asking. so they went through this trial and tribulation of trying to kind of in a way, really invent the wheel all over again whereas they could have gotten more strategic methods and deeper methods of out reach from this commission and tried and true and so now yes i do notice that they have seen to have gone through a lot of efforts that were unsuccessful and maybe if they had different people come to this room with different skill sets. and this clearly was not their skill set. >> i just want to say that when cocomo opened 15 years ago, they opened in an industrial area primarily with little to
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no residents, residents were built up all around them, i can relate to that it happened to me. so they were in the building that is a leaky building. and short of rebuilding it i don't know what the hell they can do to make it better and they invested in their business and this is how they make their living, i think in many ways they did the best that they could. they have managed to stop violence at their venue. which there used to be a lot of violence and they have a year to go on their lease and probably going to leave. having said that, there are neighbors in the neighborhood that have the right to have peaceful enjoyment. i do agree with you, that we have to find a method to discern whether it is a squeaky, or the loudest squeaky wheel get the grease, if it is
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a few people making a lot of noise. >> i have some of the complaints in front of me and i am looking at them and i am looking at different people who are calling. and they are different people. they are not all in the same people, and i can read some of the complaints to you. i mean that the officers have to endure a lot when they go out there and they advise, you know, the club, may, noise complaints and they go, yeah, yeah that is great and they continue to do that. and this one instance is that the person who called and very unhappy with the business and receiving the permit for this activity and noise level. he advised them regarding the permit of cocomo and it was until 9:00 on the outside of the music should be turned off and she is very argumentative and insisted that they go to the club and tell them to turn it down. >> the person already complained to the entertainment commission, and also told them
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or the officers that they were not doing their job. and then, cited their five-year-old kid and everything else. they just go on. another one is talking about the good neighbor policy. and requests that they don't have outdoor loud speaker permits. i have all of these e-mails and this is a video of people and i understand the squeaky wheel and the one person. and i also understand that, you know, that these residents have been build up around them. but they have been there for 15 years. and if we let this go on and we approve these next two permits all that we do is endure more of this. it does not take a rocket scientist to figure out how to do community out reach.
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not in this day and age, the internet is you know, a wealth of information and everybody can find it. and it is just a choice, and they made a choice to have, you know, post notices on their doors and the residents next door, and that is it. that is not the neighborhood. that is the, that is two places, 601 and then also, on some blogs, but, i just think that they could have made a better effort to make contact with the community as a whole. and like you said, go to a community meeting and see all of the neighbors who are concerned about the community. i go to them on a regular basis a lot of them are right in that area. and those are some of the complaints that they bring up. and so, i still think that if you go forward with this, and i like i said we are,
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respectfully requesting that you deny it, but if you do go forward with this, i would question that at the moment, that they get the first permit, and let's see what happens with that. and if that can't be corrected, then, you know, it is like, you have given them two and then we are like, going backwards. you know? it is like, okay, we have already done this and it clearly has not worked. so, you know, that would be my recommendation, but if you have any other questions about the people who called, i would be happy to call, you know, share this information with you. a lot of them have asked to be kept confidential because they don't want to be retaliated against. one person in here said that they found somebody sleeping in their car and the officers responded out and this person was drunk, sleeping in this person's car who lives in the area. >> what? >> and they woke the drunk person up and said, you know, what are you doing here? i was just at club cocomo, not
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really cool for the neighbors. >> and i am sure that the club owners did not anticipate that and they can't control that but it is a result of the club. and the neighbors are the ones who suffer the repercussions of that. >> and over serving is illegal. >> and so maybe, this, you know, maybe that is a good idea that we only consider one permit at a time. >> i know that it is extra work for the staff. but, please sit down. >> thank you. >> i know that it is extra work for the staff, and there are tons of way to get the neighbors contact information and go to the voter registration lists. >> go ahead. >> we were talking about the community out reach. but i think that in this instance it is not going to solve the problem, we already know the problem. you do it before you give a permit so that you know what the neighborhood's concerns are, and we are going to have a whole list of violation and calls. we already know what
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or them to do another community out reach and it is really pointless and we already know the problem. and so i don't think and i think that it is a management issue and sound issue not a community out reach problem. >> but i don't think that it relates to the outdoor permit that they are asking for now. i think that is their constant business. i think that what we have to look at is that these are separate entities from their ongoing complaints. there is a difference. we are looking at a specific day, with a specific time limit, and the last time that we did this, i believe that we were very successful in restricting it enough that the neighbors were not impacted on a major level. >> that is why i would like to have them come back, and you know, i want them to do more out reach just so that they can kind of think about you know, where they are and what they
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are doing. and then, we should talk to them about all of their slew of noise problems and why they have those problems but that does not really deal with the outdoor permit for that day. >> so, but i like the idea of suggesting that we you know, permit one, and have them come back. for anything else. >> are we saying that the complaint was for the in-door. >> yes. >> yes. >> and then, we think that the outdoors will be better. >> it is a different model. >> it was all spaced to all of the sound was spaced to the freeway if i remember, all of the speakers had to pass that way. vag went out and did a sound check there was a lot of prep going into that party. >> we limited it. >> how to be successful. >> and we limited the db to something. >> yeah.
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>> sit down. >> if you look at the cad reports it looks like most of the complaints are happening after ten or midnight. >> right. >> i feel like if it is a day party that you are talking about, people are tolerant a lot heighter. >> i think that it is different and i can also see that how you might be aggravated so sometimes that people may not be home to hear >> there are parties in the neighborhood that happened over the summer. >> that are in that general area. that and it is at 6:00 or 7:00 or something. >> like that. so, i think you make a motion, and then we direct the staff to make arrangements to call them back for their indoor permit and their indoor sound. >> when would you want them to come back? >> like in 30 days? >> well, he has got to direct staff. >> yeah. >> i would like to approve the
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first permit, with the same conditions that we placed on the october permit last year, for the outdoor party. and in one month,... and continue to talk about the second >> and continue the second permit until later, until we see how the first, until after the first party. >> what is that rule? >> how long can we continue it for? >> do you know? >> so the issue of the clock ticking is only relative to 1060 permits. >> okay. >> i don't think that is applies in this case. >> good. >> okay. >> and then i would like to have them come back in a month to discuss what we are going to do for the rest of this, their last year, to stop aggravating the neighbors. >> just for clarification, at
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that, and the first meeting of june, would be a month from now. do we bring back this additional permit at that time as well? >> do they have the first party? >> they will. >> yes, then we can do that. >> at the same time you may as well bring back their permits
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with reconditioning of the license? >> yes. >> it is just under a month for that license? do we feel that this is enough? >> you better hustle. >> okay. >> yeah. i mean, they have had. >> are you clear? >> there is a motion is there a second? >> second. >> there is a motion and a second. is everyone clear on the motion? >> anybody not clear? >> do it. >> commissioner? tan? >> aye. >> lee. >> aye. >> joseph. >> aye. >> akers. >> aye. >> perez. >> aye. >> so you are all sitting with that lock on your face, what you need to do is call the office tomorrow and have the staff explain to you what just happened. as it stands right now, you have the permit for may 26th. which is your next event, correct? and your next outdoor event is may 26th.
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you have the permit to that event based on last year. the same speaker profile, and the same time, and the same db, and the same everything. and that you will come back first meeting in june with just the first tuesday of june, for all of your other permits. now i know for the june 9th event, it puts a cramp in your style because how do you promote an event with a week, it is difficult, i know that it is. but i don't know how else we are going to do this. >> you don't even have the application. >> yeah. >> so. all right. the application that i have to hear is for september first. >> there are four other loud speaker permits that they do for, let me get this and so... >> but they have the first and may 26th are like stomp y and sunset is the other four
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parties over the summer. >> second sunday. >> is it just the other four parties over the second sunday parties over the summer. and they have had happening forever, it was at kelleys and the venues have just been awful and that has been over the summer. >> when were those applications coming? >> those... they have not been filed yet. >> we don't normally approve loud speaker permits at this commission unless there is an issue.
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>> i don't have my personal knowledge, they had an event on 4/20 and that, i am sorry, do you have knowledge about it? >> yes. >> it is all in the memo. >> but they, i would request that they be notifying us about the events that they are having. and one of the things is that he said the if they if he did have an event and they were smoking marijuana and they were smoking marijuana outside it was a police problem and whatnot. but, that is something that you know, just to clarify that if you are bringing something into the neighborhood, that that becomes our problem and not not our problem but our problem as a whole, you know, like their business. >> so. >> in cooperation with us. >> yeah. >> so i would suggest any suggestions that you would get that together and you would
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come back when they do. in 30 days. >> okay >> and make sure that we are very clear about your issues because this... >> and the notifications too. >> exactly, that is fine. >> bring that with you and let us know and we will absolutely work with you. >> thank you, lieutenant. >> okay. next item on the agenda, item number 7. >> commissioners comments and questions. it is almost 5 minutes to 9:00. >> i just want to say that i went to a transit authority meeting, around buses, in this city. and so, i want to say that two of the things that i found very interesting were that just like the tour buses and the party buses, it is the out of town people coming into the city that tend to be the bigger problem and one of the ways that new york cities has worked with that is by putting someone from the city on the buses mandatory, that come from out of town. so i just thought that was very
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interesting and secondly i just wanted to say that they put people on the bus. >> like the party bus. >> it is like an air marshal, only it is a bus marshal >> there is someone in the city who lives in the city and respects the rules of the city and that seems to really cut down on the problems that new york had with that. >> do they get paid? >> yeah. >> let me just interject here that new york city has somewhere between 38,000 and 40,000 cops. right? and we have 1800? >> there you go. >> i don't think that they were cops. i think that they are you know, people hired through the tourist bureau. >> okay, and i just wanted to say that i hope that the queer community could get behind a revamping of pride, because pride is a very important event here